SITARAM KHEMKA Vs. HARIBUX FATEH PURIA

JUDGEMENT

(1.) This in an appeal by Sitaram Khemka against an order made by my learned brother Mr. Justice Buckland, sitting on the Original Side in Insolvency on the 8 of June of this year, whereby he decided that Sitaram Khemka, son of the insolvent Khemkarandas Khemka, had been guilty of contempt of Court for having wilfully failed to comply with an order, dated the 19 March last and where by it was ordered that Sitaram Khemka should stand committed to the civil side of the Presidency Jail. It was further ordered that a writ should issue to the Sheriff to attach the person of Sitaram Khemka and to deliver him to the Superintendent of the Presidency Jail.

(2.) It appears that the respondent Haribux Fatehpuria obtained a decree against Khemkarandas Khemka in August 1924. On the 17 of March 1925 Khemkarandas was adjudicated insolvent. On the 29 July 1925 an order was made for the examination of Sitaram, the appellant. This order no doubt was made in pursuance of Section 36, Sub-section (1) of the Presidency Towns Insolvency Act of 1909. Sitaram was examined before the Registrar in Insolvency and on the 19 March 1926 an order was made by the Registrar in Insolvency, which is the order referred to in my learned brother's order of the 8 June 1926.

(3.) It appears from that order that Haribux Fatehpuria was represented by his attorneys and that, upon their application and upon hearing the evidence of Sitaram Khemka taken viva voce, it was ordered that the further examination of the witness should be adjourned until the 22 March, instant. The order proceeds as follows: It is further ordered that the said Sitaram Khemka do by Saturday, the 20 day of March instant, make over to the Official Assignee of this Court and Assignee of the estate and effects of the said insolvent the books of account, an inventory whereof was prepared by the attorneys for the said creditors Haribux Fatehpuria and of the said insolvent at the time when the said books were in the custody of the said witness Sitaram Khemka.